Jerry Vierra v. James Nuti, Jr.

MEMORANDUM

Defendants James Nuti, Amanda Nuti, Carol Capas, Nick Capas, Alison Hadfield, Scott Hadfield, Nate Tasch, Erin Tasch, Sean Gijanto, Heather Gijanto, Forest Hauser, and Joyce Hauser appeal the district court’s denial of their motion to dismiss on the ground that they are entitled to qualified immunity. We affirm in part, reverse in part, and remand.

We review de novo a district court’s denial of a motion to dismiss on the ground of immunity. Morley v. Walker, 175 F.3d 756, 759 (9th Cir. 1999). We accept the allegations in the complaint as trae. Id. “[W]here the petitioner is pro se, particularly in civil rights cases, [we] construe the pleadings liberally and .., afford the petitioner the benefit of any doubt.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (internal quotation marks omitted).

In his second amended complaint, Plaintiff alleges that Defendant James Nuti violated his rights through several actions, including: driving an SUV toward Plaintiff in a threatening manner; initiating a merit-less manhunt in search of Plaintiff by falsely reporting that Plaintiff pointed a gun at him and, later, slightly changing his story to falsely report that Plaintiff had…